Mentha, in the matter of Hans Continental Smallgoods Pty Ltd (Administrators Appointed) (No 2) [2009] FCA 255

Mentha, in the matter of Hans Continental Smallgoods Pty Ltd (Administrators Appointed) (No 2) [2009] FCA 255

The Court is satisfied it has the power under section 447A of the Corporations Act 2001 (Cth) to extend the convening period for the meetings of creditors for the companies and therefore grants the extension and related orders.

Jurisdiction
Australia
Judgment Date
20 March 2009
Procedural Posture
Corporations Administration / Application for Extension of Convening Period and Related Orders
Outcome
Application granted
Legal Topics
['administration' 'creditors Meeting' 'extension of Convening Period']

Case Brief

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Procedural Posture

Corporations Administration / Application for Extension of Convening Period and Related Orders

  1. 1 ['Whether the convening period for the meeting of creditors should be further extended under the Corporations Act 2001 (Cth)' 'Whether the Court has power to make such extension under section 447A of the Act']

Ratio Decidendi

The Court is satisfied it has the power under section 447A of the Corporations Act 2001 (Cth) to extend the convening period for the meetings of creditors for the companies and therefore grants the extension and related orders.

Court Disposition

Application granted

Orders

  • ['The Interlocutory Process be made returnable instanter.' 'Leave granted to file in Court the affidavit of Brian Keith McMaster affirmed on 19 March 2009.' 'Confidential Exhibit BMK-4 to the affidavit of Brian Keith McMaster is to be confidential and no access granted without Court order.' 'Extension of convening...